2011-02-03_REVISION - M2000158 (16)

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Mr. Ebert January 18, 2011 Page 4 CIVIL RES---VURCES,LLC 14) Please depict the location of all the current topsoil stockpiles located at the site and indicate the volume of topsoil stored in each pile. Refer to the Mining Plan Map (Exhibit C). We concur with your estimates re: topsoil volume. 15) There are several large concrete pillars holding up the wash unit in the processing area of the site, please indicate the dimensions of each of these pillars and a volume estimate for the concrete. We concur with your estimate for these volumes. 6.4.19 EXHIBIT S - Permanent Man-Made Structures 16) During the original permitting process the Operator agreed to maintain a 222 foot setback from the 5WL814 Fort St. Vrain Monument envelope. Please revise the Mining Plan Map (Exhibit C) and Reclamation Plan map to include this envelope and setback. Done. 17) The structure damage reimbursement agreement submitted for the Kerr McGee Structures states the Operator will reimburse the structure owner if damage occurs to 4 Oil tanks, 3 gas collector lines, 5 oil/gas wells, and 2 gas dryer units (14 structures total). There are approximately 30 structures owned by Kerr-McGee/Anadarko displayed on the Mining Plan map. The Applicant must revise and re-notarized the structure damage re-imbursement agreement to include all the structures owned by Kerr McGee. Please see attached Surface Use Agreement (Exhibit S1). 18) The structure damage reimbursement agreement submitted for DCP Midstream indicates the only structure covered by the agreement is a natural gas line. The Exhibit C Mining Plan Map indicates there may be several other structures located within 200 feet of affected land owned by DCP Midstream. Is this the case? If so, the Applicant must revise and re-notarized the structure damage reimbursement agreement to include all the structures owned by DCP Midstream. It is our understanding that the only structure that DCP Midstream owns is a natural gas line. 19) The structure damage reimbursement agreement submitted for Weld County indicates the only structures covered by the agreement are County Roads 36 and 23. The Exhibit C map indicates County Road 38 is within 200 feet of the affected land. The Applicant must revise and re-notarized the structure damage re-imbursement agreement to include County Road 38. Also, the Exhibit C map will need to be updated to depict and label County Road 36. Refer to the attached Road Maintenance and Improvement Agreement (Exhibit S2)and the Mining Plan Map 20) No structure damage reimbursement agreements have been submitted to the Division for the following structures identified on the Exhibit C map: ¦ Structure #2; Oil/Gas Wells and Facilities owned by Petro Canada ¦ Structure #7; Utility Line owned by Xcel Energy ¦ Structure #8; Buildings owned by Ptasnik Land Company For these structures, the Applicant must in accordance with Rule 6.4.19. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. If these agreements cannot be reached, please submit engineering evaluations for the all of these structures. The Applicant commits to not mining within 200' of the above structures unless an agreement is in place.